Friday, March 20, 1998Last modified at 4:24 a.m. on Friday, March 20, 1998

Mistrial declared in case of student's alleged hoax

By JANET BRESENHAM

Morris News Service

PORTALES, N.M. - Miranda Prather's attorney said he's doubted his client's credibility for several months because of a misunderstanding over a piece of missing evidence.

When prosecutors presented that evidence in court Thursday morning, court-appointed attorney Charles Plath asked for a mistrial. His motion was granted by 9th Judicial District Judge Robert Brack, abruptly ending the trial in its second day.

Prather, an admitted lesbian, is accused of threatening several professors at Eastern New Mexico University and filing a false police report in connection with an elaborate hoax that targeted homosexuals.

Prather said a woman named "Jessica Forrester" attacked her and forced her to circulate threatening fliers. Prather's own name was at the top of the fliers.

Police were unable to locate Jessica Forrester. They said they believe Prather is Forrester.

Plath said his client and a friend, Robin Massey, told him about the existence of two police sketches depicting Forrester, based on Prather's description. One sketch was drawn by hand, another enhanced by computer, Plath said he'd been told.

But Plath said law enforcement officials told him in December that no one had the computer-enhanced sketch, presented in court on Thursday.

"Frankly, I doubted my client and the witness (Massey)," Plath said. "Now, on the second day of trial, I'm presented with a different case. This has to do with the defendant's rights to good counsel, which I have not provided as a result of this."

Prather, who agreed with Plath that their working relationship had deteriorated, said she believes she will have a better chance with a new attorney and a new trial.